It cost some 21 billion Ghana Cedis to terminate the existence of seven banks in 2017 and 2018.
The banks are aggrieved that they are being forced to pay a 5% levy to help defray the cost of the clean-up.
It is without a doubt that some were so distressed they needed special salvation that could be found in their death.
It is equally the case that the help some others needed was not exactly money but perhaps changes in leadership, direction and operation under a police guard of a strict regulator.
I am aware of the thinking that rejects any other prescription as a complete misunderstanding of a potentially economy-damaging crisis. The problem is more the choice of the application of the law than it is an inevitable recourse to a bitter pill for an illness that had only one cure or an either-or-binary path to healing through death.
My point is that in this rich but poor Africa, there is a real need to rethink the application of public law as one more for ‘destruction’ than for correction, and one does not need to destroy to correct.
We all think about criminal law as instrument to punish and harshly.
Criminal law’s utility including reformation is often lost on us or thought to be realized only by long custodial sentences.
Yes, we express joy that offenders of the law, will rot in jail, and our jails are indeed rotten places meant for anything but humans.
Yes, even lawyers and judges do forget that the criminal code we borrowed in 1960 actually opens with the mandatory instruction for a beneficial rather than a strict application of it.
We applauded when President John Mahama defined corruption as “mass murder”, and President John Kufuor called us to show “zero tolerance” for it. Guess what, the politicians who make the laws will never prescribe death penalty for the crime of corruption for the obvious reasons.
In the recent OSP law, they have prescribed plea bargain so that those caught in nation-wrecking corruption may simply return the stolen-money and not go to jail.
That’s how it should be for that remorseful poor mother forced by hunger to steal a bunch of plantain.
In the name of the law, local authority is quick to demolish shelter of the homeless and often without thinking any alternative for them.
The tax-payer is being saddled with 21 billion, half of which may have kept the banks and jobs and even stimulated the economy better. The same tax laws used to shut and even collapse businesses, have plenty room for application to get them remedy their wrongs and stay afloat.
An MP-Minister recently disclosed his finance company that was collapsed was found not have committed any wrong. I know one other that was found to have been wrongly collapsed. Everything seized by the State including keys to the company building was quietly returned.
The company relied on its own funds sitting in account to pay customers and kept change but those who took loans can’t see themselves paying back to a legal technically non-existing entity.
Dr. Kwabena Duffour and Kofi Amoabeng want lawmakers to step in their cases but the law may not allow that especially as their matters may be in court.
It is possible that this could have been avoided if the law was applied to carefully pluck the poisoned fruits from the trees that were uprooted when they could have been nurtured to produce fresh fruits.
There is higher good in the law’s provision for correction and more correction with administrators to the rescue rather than revocation of licenses which is a last resort and only for a beyond salvation situation. That’s your legal light.
Samson Lardy ANYENINI
March 20, 2021 Issue#10
- One feared dead, several others injured after accident at Legon underpass
- Citi FM journalist, Caleb Kudah allegedly picked up by National Security operatives
- Fire guts new Kejetia Market
- Ghana drops to 95th in 2021 World Happiness ranking
- Citi FM journalist, Caleb Kudah released from National Security custody
- Chinua Achebe’s ‘Things Fall Apart’, ‘No Longer at Ease’ and ‘Arrow of God’ are being adapted for television
- Cape Coast airport to be completed before end of second term – Transport Minister assures
- Wesley Girls: Aside ban on fasting Muslims aren’t allowed to observe Salat – Old student
- Our scholars in Cuba are broke because they insist on table-top payment – GNPC Foundation
- Don’t shake your car when fueling – Transport Consultant
Social media users react to arrest of Citi FM’s Caleb Kudah
4 more die of Covid-19, active cases now 1,519
Seven home-based players included in Ghana’s squad to face Morocco and Ivory Coast
Extraordinary problems require extraordinary measures – Lands Minister justifies burning of excavators
Government’s fight against galamsey camouflage – PPP
Court remands 32 alleged national security operatives accused of mining
Kenyan MPs summoned over bribery claims
#FixTheCountry: Be measured in your expectations of Akufo-Addo due to Covid-19 – Chief of Staff
#FixTheCountry: Pay cut for political leaders will not achieve much – Afenyo-Markin
Kumawood stars grace Mercy Asiedu’s 50th birthday
MTN Ghana donates in support of Eid celebration in Western Region
Inflation rate drifts into single digit of 8.5 per cent in April
Church of Pentecost hands over fully furnished Ejura prison to state
Legatum Center for Development and Entrepreneurship launches inaugural Legatum Foundry Fellowship for entrepreneurs in Africa
Pregnancy should not be a hindrance to your dreams – Nana Adwoa Awindor